The Northern District of Illinois judge dismissed only the harassment count, ruling that the alleged comments by the company’s president did not rise to the level of a hostile work environment.
Jackson, a therapist and case manager, sued New Choice after being fired following a series of absences linked to her asthma and migraines. She alleged the employer discriminated against her, failed to accommodate her condition, and retaliated when she requested time off.
The court accepted Jackson’s allegations that her asthma substantially limited her ability to breathe and work. The judge found these facts sufficient to state a claim for disability-based discrimination, rejecting the employer’s argument that she was unqualified.
Regarding the failure-to-accommodate claim, the court held that Jackson adequately alleged she disclosed her disability and requested time off, which the employer denied by terminating her employment.
The retaliation claim also survived dismissal. The judge reasoned that the timing of her firing—just one day after her accommodation request—allowed for a reasonable inference of retaliatory intent at the pleading stage.
Count III, alleging disability-based harassment, was dismissed without prejudice. The court concluded that the president’s comments, while allegedly inappropriate, were not objectively offensive or sufficiently severe to create a hostile work environment.
Jackson may file a second amended complaint to remedy the deficiencies in the harassment count by May 4, 2026.